Can a federal school loan be garished from a social security check?

UPDATED: May 22, 2009

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Can a federal school loan be garished from a social security check?

my mother is 72 and disabled and elderly, draws a ss and disability check, no other income at all, a heart condition, can not repay the loan. they are really being insistive with her, i would really like to know if they can take her money, she has just enough to pay bills and buy meds and groceries. what can she do?

Asked on May 22, 2009 under Insurance Law, Georgia


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to contact a local collection attorney to ask if what they are doing is legal. I specialize in collections in NY and CT and the law in these states is that if a person is collecting social security that money cannot be garnished. We also cannot freeze bank accounts and remove and funds that are shown to have originated from social security

Make a phone call an attorney should be able to answer you quickly and offer an affordable solution if you would like their help is ensuring this type of treatment does not continue

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